Chapter 13 The Federal Courts

Question 1

criminal law

Answer 1

the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for proscribed conduct

Question 2

plaintiff

Answer 2

the individual or organization that brings a complaint in court

Question 3

defendant

Answer 3

the one against whom a complaint is brought in a criminal or civil case

Question 4

civil law

Answer 4

the branch of law that deals with disputes that do not involve criminal penalties

Question 5

precedent

Answer 5

prior case whose principles are used by judges as the basis for their decision in a present case

Question 6

trial court

Answer 6

the first court to hear a criminal or civil case

Question 7

court of appeals

Answer 7

a court that hears appeals of trial court decisions

Question 8

supreme court

Answer 8

the highest court in a particular state or in the United States; this court primarily serves an appellate function

Question 9

plea bargain

Answer 9

a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

Question 10

jurisdiction

Answer 10

the sphere of a court’s power and authority

Question 11

original jurisdiction

Answer 11

the authority to initially consider a case; distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court’s decision

Question 12

due process of law

Answer 12

the right of every individual against arbitrary action by national or state governments

Question 13

habeas corpus

Answer 13

a court order that the individuals in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

Question 14

chief justice

Answer 14

justice on the Supreme Court who presides over the Court’s public sessions and whose official title is “chief justice of the United States”

Question 15

class-action suit

Answer 15

a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest

Question 16

judicial review

Answer 16

the power of the courts to review actions of the legislative and executive branches and, if necessary, declare them invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison (1803)

Question 17

supremacy clause

Answer 17

Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision

Question 18

standing

Answer 18

the right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome

Question 19

mootness

Answer 19

a criterion used by courts to screen cases that no longer require resolution

Question 20

writ of certiorari

Answer 20

a court process to seek judicial review of a decision of a lower court or government agency; certiorari is Latin, meaning “to make more certain”

Question 21

rule of four

Answer 21

a decision of at least four of the nine Supreme Court justices to review a decision of a lower court

Question 22

solicitor general

Answer 22

the top government lawyer in all cases before the Supreme Court where the government is a party

Question 23

amicus curiae

Answer 23

literally, “friend of the court”; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs

Question 24

briefs

Answer 24

written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

Question 25

oral arguments

Answer 25

the stage in the Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices

Question 26

opinion

Answer 26

the written explanation of the Supreme Court’s decision in a particular case

Question 27

concurring opinion

Answer 27

a written opinion by a judge agreeing with the majority opinion but giving different reasons for the decision

Question 28

dissenting opinion

Answer 28

a decision written by a justice in the minority in a particular case, in which the justice wishes to express the reasoning for dissenting in the case

Question 29

stare decisis

Answer 29

deciding cases on the rules and principles set forth in previous court rulings; stare decisis is Latin meaning “to let the decision stand”

Question 30

judicial restraint

Answer 30

judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document’s meaning

Question 31

judicial activism

Answer 31

judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions